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Civil Law Suit

Civil Law Suit

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Published by Mario González
Civil Law Suit
Civil Law Suit

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Published by: Mario González on Apr 23, 2013
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12/11/2013

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TIMOTHY M. THOMAS : CIVIL ACTION LAW:Plaintiff : No.: Electronically FiledVS. ::DIANA MARIE THOMAS, :DAVID M. DOUGHERTY, :DANIEL DIEHL, and KATHY : JO WINTERBOTTOM, : JURY TRIAL DEMANDED:Defendants :COMPLAINT
1. This is a civil rights complaint brought for the violation of, inter alia, 14thAmendment substantive due process rights by a Pennsylvania State Trooper. Thedefendants in this action intentionally interfered in the familial affairs of theplaintiff with the intent to break up and destroy his family. The plaintiff has beenunlawfully harassed and investigated and deprived of certain benefits andemoluments of his employment. Plaintiff additionally claims violations of his 1stand 4th Amendment rights.
Introductory Statement
Case 1:11-cv-02336-WWC Document 1 Filed 12/19/11 Page 1 of 13
 
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2. Jurisdiction is conferred on this court by 28 USC §1343 and 28 USC§1343 (a) (3) & (4), and the remedial statute 42 USC §1983.
 Jurisdiction and Venue
3. A jury trial is demanded4. This Court’s supplemental jurisdiction as per 28 USC §1367(c) is alsoinvoked here.5. Plaintiff requests punitive damages against any individual defendants.6. Venue is properly in the Middle District of Pennsylvania because all parties,witnesses, and evidence are common to Pennsylvania counties that lie within the jurisdiction of that court.7. On or about December 21, 2009 the defendant Diana Thomas demandedthat the plaintiff Timothy Thomas leave their marital home. Plaintiff complied withher demands.
Operative facts
8. The plaintiff Timothy Thomas is a Pennsylvania State Police Trooper.Diana Thomas took the form action because she had been involved in an extra-marital affair six years.9. Diana Thomas called Cpl. Daniel Diehl who is on duty at the PSPBarracks in Chambersburg Pennsylvania, after she had forced Tim to leave the
Case 1:11-cv-02336-WWC Document 1 Filed 12/19/11 Page 2 of 13
 
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family home. On information and belief, she knew, and in fact had known, Cpl.Diehl, before she contacted him.10. At or around the same time Sgt. Kane informed everyone at the PSPbarracks roll-call, demonstrating a total disrespect and disregard for Thomas’privacy and personal rights, telling everyone that Timothy's wife, Diana Thomas,had "kicked him out".11. With absolutely no reason to do so, but intending to harm and injure Timothy Thomas for whom he possessed considerable subjective animus, Cpl.Daniel Diehl agreed with Diana that he would tell Diana Thomas to flee theresidence and go to another location (namely her parents' home).12. After plaintiff left the marital residence, the defendant Diehl, persistingin a pattern of antagonistic mistreatment of the plaintiff, and demonstrating ahateful, personal animus, with vindictive motives intending to harm the plaintiff inhis personal familial relationships, called the Upper Uwchlan Township PoliceDepartment and told them that plaintiff was separated from his wife, that his wifehad kicked him out, that Timothy Thomas, a Pennsylvania State Police Trooperwas a "loose cannon", and a "prime candidate for murder/suicide". There wasabsolutely no proper basis for Diehl to act in this manner or say these things
Case 1:11-cv-02336-WWC Document 1 Filed 12/19/11 Page 3 of 13

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